Person who lacks capacity has a substitute decision-maker appointed by an authority
Guardianship is where a ‘guardian’ is appointed to act on behalf of an adult individual who lacks capacity to make decisions for themselves. A guardian is authorised to make decisions about lifestyle matters. This can sometimes include medical and health care decisions.
A guardian can be appointed to make such decisions where there is no existing enduring power of guardianship (or equivalent).
Administration is where an ‘administrator’ is appointed to act on behalf of an adult individual who lacks the capacity to make decisions for themselves. An administrator is authorised to make decisions about legal and financial matters. Administration is sometimes called ‘financial management’.
An administrator can be appointed to make such decisions where there is no existing enduring financial power of attorney (or equivalent).
Each state and territory in Australia provides for guardianship and administration in legislation, though the titles and procedures differ for each jurisdiction. Please click on the following links for more information.
- New South Wales
- Australian Capital Territory
- Northern Territory
- Western Australia
- South Australia
For more information about related areas, please click below:
- Person with Capacity Appoints a Substitute Decision-Maker (Broad Authority):
- Substitute Consent to Medical Treatment by Health Attorney or Others (Specific Authority)
- Person with Capacity Gives Advance Health Directions:
- Person Who Lacks Capacity has a Substitute Decision-Maker Appointed by an Authority: